Questions answered by Richard Paul Zaretsky

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What happens to a claim of lien at a foreclosure sale?

Richard's answer | Answered on October 18, 2013

I generally agree with Margery. We have to make some assumptions. The most important is that you are not the current owner of the...

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Do I have to respond to the request for Interrogatories as a defendant in foreclosure where I am not fighting the foreclosure?

Richard's answer | Answered on October 18, 2013

If you do not respond to the Interrogatories, you defenses (you say you have none anyway) would potentially be stricken. Regardless of you not...

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If the bank files a foreclosure against Florida Housing Finance . Is it to clear them or a true filing of foreclosure.

Richard's answer | Answered on October 18, 2013

I agree that there is insufficient information that you have supplied. It seems to me either the complaint was typed incorrectly or the FHFC...

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Does the bank Plaintiff have to name the homeowner as the primary defendant. Why would they name Florida Housing Finance Corp?

Richard's answer | Answered on October 17, 2013

We have one of two possible things going on here. 1. The attorney who reviewed the title work for the foreclosure made a mistake in the ownership...

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Do I have to sign the listing agreement for a short sale on the house my 'ex' was awarded? He says he will sue me if I don't.

Richard's answer | Answered on October 17, 2013

This is a bit difficult to comment upon without seeing your MSA nor knowing if you refinanced your house in accordance with the MSA. Your MSA...

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In a 4 member LLC, only 2 members gave a large loan (mortgage) to pay for real estate property. Can they alone foreclose on it?

Richard's answer | Answered on October 16, 2013

To be able to foreclose on an unpaid loan per your information in your question, you need to document the transaction with a promissory note and...

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Can I have an attorney file a Motion to Dissolve Lis Pendens

Richard's answer | Answered on October 12, 2013

I agree with the other attorney. Even if you got the complaint dismissed based on the pre-mature filing, they could refile the complaint...

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Hello. I am current with my mortgage payments but very behind on HOA fees. Would my lender do a deed in lieu to relieve me?

Richard's answer | Answered on October 10, 2013

Simply, the answer is no. If you are the owner you are responsible for the HOA fees. Lenders almost never take a property back when the mortgage...

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My forclosure was finalized in 2011 how long can the bank come after me

Richard's answer | Answered on October 10, 2013

The obligation of the promissory note and mortgage ended with the final judgment of foreclosure. The lender can now attempt to obtain a deficiency...

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We are a Asia based company looking for advice on an existing commercial partnership contract

Richard's answer | Answered on October 09, 2013

Understanding why this business is now nearly insolvent may take more than an attorney to review contracts. You need to understand where the...

Richard Paul Zaretsky's Answers (1356)

What happens to a claim of lien at a foreclosure sale?

Do I have to respond to the request for Interrogatories as a defendant in foreclosure where I am not fighting the foreclosure?

If the bank files a foreclosure against Florida Housing Finance . Is it to clear them or a true filing of foreclosure.

Does the bank Plaintiff have to name the homeowner as the primary defendant. Why would they name Florida Housing Finance Corp?

Do I have to sign the listing agreement for a short sale on the house my 'ex' was awarded? He says he will sue me if I don't.

In a 4 member LLC, only 2 members gave a large loan (mortgage) to pay for real estate property. Can they alone foreclose on it?

Can I have an attorney file a Motion to Dissolve Lis Pendens

Hello. I am current with my mortgage payments but very behind on HOA fees. Would my lender do a deed in lieu to relieve me?

My forclosure was finalized in 2011 how long can the bank come after me

We are a Asia based company looking for advice on an existing commercial partnership contract